State v. Mitchell
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. Ohas. D. Stewart, Judge. (1) The instructions numbered one, two and three, given on part of State, do not use the word beer, but words “intoxicating liquors,” and should not have been given. State v. Smith, 38 Mo. App. 618; State v. Hays, 36 Mo. 80. (2) The intoxicating character of the liquor must be shown (unless it is a kind such as whiskey), which the court can take judicial knowledge of being “intoxicating.”
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Appeal from Clark Circuit Court. — Hon. Ohas. D. Stewart, Judge. (1) The instructions numbered one, two and three, given on part of State, do not use the word beer, but words “intoxicating liquors,” and should not have been given. State v. Smith, 38 Mo. App. 618; State v. Hays, 36 Mo. 80. (2) The intoxicating character of the liquor must be shown (unless it is a kind such as whiskey), which the court can take judicial knowledge of being “intoxicating.” “Beer” may be intoxicating, and it may not be, and it will not be sufficient, to sustain a conviction for the State to show that the defendant…
1Opinion of the CourtBland, P. J.
The prosecuting attorney of Clark county filed an information, containing three counts, before a justice of the peace, in said county, in each of which it is charged that defendant at different times, unlawfully sold intoxicating liquor in less quantity than three gallons, to-wit, one quart of beer, without taking out a dramshop license or having any other legal authority to sell the same. In due course, the case was appealed to the .circuit court, where on a trial de novo to a .jury defendant, was found guilty on each of said counts. An unavailing motion for new trial was filed and defendant…
2Cases cited2 opinions
- State v. HeinzeMissouri Court of Appeals · 1891
- State v. HoutsMissouri Court of Appeals · 1889
3Cited by4 opinions
- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
- Sincup v. BlackwellSupreme Court of Missouri · 1980
- Sincup v. BlackwellSupreme Court of Missouri · 1980